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Author Topic: Cheque Bounce Recovery through Cheque  (Read 430 times)

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Offline kan_0589

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Cheque Bounce Recovery through Cheque
« on: March 18, 2016, 07:38:20 AM »
Hello,


I am seeking advice on the issue on following incident:

I joined a company in March 2015, I was on contract from March 2015 - March 2015, for which they indemnify me for any losses cause if I left the job, through cheque of amount Rs 21000, Now in October 2015, I had to go to my hometown for a month, but MD was not happy with that while I was on leave( it was not authorized leaves but I informed him anyhow ), he terminated me, and put the cheque for clearance, that got bounced in November 2015, he sent me a legal notice in same month. Now 2 things come into picture:

1. The cheque that was mentioned in indemnity bond was not that cheque, due to some clerical error I got replaced that cheque, but the indemnity bond was not updated of new cheque, so the cheque that was bounced was not the indemnity bond cheque but some other cheque( of course of my account ). Can I in court say that I was liable to pay only through that cheque and not other cheque, as indemnity bond was on stamp paper.

2. While the cheque got bounced I was at my hometown so my father negotiated with the MD and given him another cheque dated 31st March 2016 that is of my brother's account, Is my brother or my father is liable to pay the money, because I don't want them to pay, though my brother stopped the payment of cheque but he can still file case against him, What do I do to get them out of the loop.

Also, can he do any case against me as the 30 days time period after which the case has to be registered after giving notice period has been elapsed. Please advice me on this topic as I am very much confused.

Offline rajgopal sripathi

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Re: Cheque Bounce Recovery through Cheque
« Reply #1 on: March 18, 2016, 08:17:25 AM »
HI
Cheques given in course of employment for indemnity purposes if they bounce will be dismissed in court.
No worries.
For cheque bouncing case, the other person should have given you a money/ services and you should have given the cheque as repayment and if it bounces then it is a crime.
in your case, indemnity is neither a money nor service provided by your employer.
also for claiming indemnity, your company did not approach the court or did issue any notice to you.
so even if the case is filed under 138 NI , you will win the case.
your father/ brother are not liable to pay any money's so those cases will also be dismissed by court.
Rajgopal Sripathi
Mobile:9704772200
email:rajgopal@legalwin.in

 

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